Maine Revised Statutes

Me. Rev. Stat. tit. 15, § 704 (2026)

Arrests without warrant; liability

✓ current as of May 2026

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A sheriff, deputy sheriff, constable, city or deputy marshal or police officer shall arrest and detain persons found violating any law of the State or any legal ordinance or bylaw of a town until a legal warrant can be obtained and may arrest and detain those persons against whom a warrant has been issued though the officer does not have the warrant in the officer's possession at the time of the arrest, and the officer is entitled to legal fees for that service; but if, in so doing, the officer acts wantonly or oppressively, or detains a person without a warrant longer than is necessary to procure it, the officer is liable to that person for the damages suffered thereby. [RR 2023, c. 2, Pt. D, §47 (COR).]

SECTION HISTORY

RR 2023, c. 2, Pt. D, §47 (COR).

Notes of Decisions

Cited in 17 cases, 1968–2010 · leading case: Richards v. Town of Eliot, 2001 ME 132 (Me. 2001).

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Richards v. Town of Eliot, 2001 ME 132 (Me. 2001). · cites it 8× “The claims asserted against all defendants are for unlawful arrest, excessive force, negligent infliction of emotional distress, violation of constitutional rights, and violation of 15 M.R.S.A. § 704 (1980). Two claims are asserted against the Town for negligent hiring and…”

Comfort v. Town of Pittsfield, 924 F. Supp. 1219 (D. Me. 1996). · cites it 8× “Specifically Comfort pleads claims under: (1) the Fourth, Fifth and Fourteenth Amendments to the United States Constitution, (2) Article 1, §§ 1, 6 and 6-A of the Maine Constitution, 13 and (3) 15 M.R.S.A. § 704 (entitled, “Arrests without a warrant; liability”), 17 M.”

McLain v. Milligan, 847 F. Supp. 970 (D. Me. 1994). · cites it 4× “This Court will further deny summary judgment to Defendant Milligan on Counts IV and VI with respect to the tort *973 claim of excessive use of force and the statutory claim of using wanton or oppressive conduct in effecting Plaintiffs warrantless arrest, 15 M.R.S.A. § 704. This…”

Hodsdon v. Town of Greenville, 52 F. Supp. 2d 117 (D. Me. 1999). · cites it 6× “In contrast, Me.Rev.Stat.Ann. tit. 15, § 704 provides for civil liability against police officers who act “wantonly or oppressively” in executing an arrest.”

Creamer v. Sceviour, 652 A.2d 110 (Me. 1995). · cites it 3× “1994), and 15 M.R.S.A. § 704 (1980), resulting from his arrest by Seeviour and Sutter.”

Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991). · cites it 2× “1988)); Maine, (Me.Rev.Stat.Ann. tit. 15 § 704 (1980)); Maryland, (Md.”

Maguire v. Mun. of Old Orchard Beach, 783 F. Supp. 1475 (D. Me. 1992). · cites it 2× “Plaintiff also alleges that Defendants violated title 15 M.R.S.A. section 704 ("Arrests without warrant; liability”).”

State v. Cowperthwaite, 354 A.2d 173 (Me. 1976). “Having observed facts which, in the light of his experience, gave him probable cause to believe that the crime of night hunting had been committed in his presence, Warden Sewall had lawful authority to arrest the defendant for such crime without a warrant pursuant to 15 M.R.S.A.…”

Dimmitt v. Ockenfels, 220 F.R.D. 116 (D. Me. 2004). “The first cited statute, 15 M.R.S.A. § 704, applies to the arrest and detention of an individual until a warrant has been issued when the arresting officer acts wantonly or oppressively or detains a person longer than is necessary to obtain a warrant.”

Leach v. Betters, 599 A.2d 424 (Me. 1991). “tain persons found violating any law of the State or any legal ordinance or bylaw of a town, until a legal warrant can be obtained and may arrest and detain such persons against whom a warrant has been issued though the officer does not have the warrant in his possession at the…”

Okot Ex Rel. Carlo v. Conicelli, 180 F. Supp. 2d 238 (D. Me. 2002). “Plaintiffs’ Complaint also contained counts for assault, battery, false imprisonment, negligent infliction of emotional distress, and intentional infliction of emotional distress against all Defendants, and a claim under 15 M.R.S.A. § 704 against all Defendants.”

State v. Stone, 294 A.2d 683 (Me. 1972). “He then had lawful authority to arrest without a warrant under 15 M.R.S.A. § 704. The arrest being lawful, the evidence amply supports the trial Court’s conclusions, as previously mentioned (pp.”

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